Femi Falana, a human rights lawyer and Senior Advocate of Nigeria (SAN), says the federal government lacks the power to determine how the loot recovered from James Ibori, former governor of Delta, should be spent.
Falana, who stated this on Wednesday while appearing on Channels Television’s Politics Today, said the recovered funds should be returned to the state from where they were first looted.
He argued that since the said loot left Delta state’s coffers, it was the state that would determine what the funds should be used for.
“Having acknowledged the role of the federal government, the fund has to return to the source. Factually, between 1999 and 2003, the Delta state government, like other state governments in Nigeria, received its statutory allocation on a monthly basis and paid same into the account of the government. From that account, some amount was alleged to have been diverted and taken to the United Kingdom,” he said.
“As the honourable attorney-general had said, the money is over 100 million pounds. What has been released now is the first tranche of 4.2 million pounds. Since the funds left the Delta State government’s coffers, it has to be returned once this fund is recovered.
“The federal government has no locus standi with respect to how the money is spent. That is left for the people of Delta State to monitor the government of that state to ensure that the fund is not relooted.”
While saying that Britain would not decide how recovered looted funds were spent, he noted that the attorney-general of the federation should have worked in sync with the state government to demand damages from the banks holding the illegal funds.
“In fact, the memorandum of understanding referred to by the attorney-general, signed in London, smacks of colonialism. Britain cannot decide on how recovered loot should be spent.
“What I expect the attorney-general or the federal government in the circumstance — is to collaborate with the Delta State government to ensure that the banks that housed the looted wealth of Delta State or the banks involved are made to pay colossal damages and interests for denying the people of Delta State the opportunity to use the money for development.”
The United Kingdom, on Tuesday, signed a memorandum of understanding (MoU) with Nigeria to return 4.2 million pound assets stolen by Ibori, former governor of Delta State.
The funds are expected to be used for the completion of the Second Niger Bridge, Abuja-Kano Road, Lagos-Ibadan Expressway and other key infrastructures in the country.
The federal government has argued that it took possession of the funds because it was actively involved in its recovery process.
But Delta State government has also vowed to seek redress in court.
The House of Representatives has directed that disbursement of the funds be halted pending the determination of its owner by it.
